People v. Ward

Appeal from a decision of the Supreme Court (Teresi, J.), dated May 13, 2014 in Albany County, which denied defendant’s motion for resentencing pursuant to CPL 440.46.

In March 1983, defendant was convicted of burglary in the second degree, a violent felony (see Penal Law § 70.02 [1] [b]). Thereafter, in January 1998, the record indicates that defendant was convicted of attempted robbery in the second degree, a violent felony (see Penal Law § 70.02 [1] [c]), and sentenced to a prison term of five years. In February 2004, defendant was convicted of criminal sale of a controlled substance in the…